COMMONWEALTH v. FORTUNE


221 Pa.Super. 264 (1972)

Commonwealth v. Fortune, Appellant.

Superior Court of Pennsylvania.

April 13, 1972.


Attorney(s) appearing for the Case

Lenard H. Sigal, for appellant.

Milton M. Stein, Assistant District Attorney, with him James J. Wilson, Assistant District Attorney, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.


OPINION PER CURIAM, April 13, 1972:

Judgment of sentence affirmed.

DISSENTING OPINION BY SPAULDING, J.:

I respectfully dissent.

Appellant Emma Fortune, having waived a jury trial, was convicted by Judge Herbert CAIN, of the Court of Common Pleas of Philadelphia, of possession of narcotic drugs. She appeals from the judgment of sentence, contending that the evidence is insufficient to support conviction.

The only evidence presented by...

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